I 112th CONGRESS 1st Session H. R. 3766 IN THE HOUSE OF REPRESENTATIVES December 23, 2011 Mr. Fitzpatrick (for himself, Mr. Meehan, and Mr. McKinley) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to provide penalties with respect to employers’ conduct relating to persons engaging in sexual conduct with children, and for other purposes.
1.
Short title
This Act may be cited as the Jeremy Bell Act of 2011.
2.
Offense
(a)
In general
Chapter 98 of title 18, United States Code, is amended by adding at the end the following:
1822.
Transfers for employment of individuals engaging in child sex acts
(a)
Prohibition on the interstate transfer of child sex offenders
Whoever, being an employer, directs, causes, persuades, induces, or entices the travel in interstate commerce of an employee in one State with the purpose or effect of facilitating the employment of such employee in another State, if the employer knows that such employee engaged in a sexual conduct with an individual who has not attained the age of 18 years, shall be fined under this title or imprisoned not more than 5 years, or both. (b)
Definitions
As used in this section— (1)the term sexual conduct means any sexual conduct, unless the employee was convicted of a crime for that conduct and has satisfied the terms and conditions imposed as a result of that conviction, if the conduct— (A)is a sexual act or sexual contact as those terms are defined in section 2246; (B)occurred during the course of employment; and (C)would constitute a felony violation of the criminal law applicable where it took place; and (2)the term State includes the District of Columbia and any other territory or possession of the United States.
. (b)
Clerical Amendment
The table of contents for chapter 98 of title 18, United States Code, is amended by adding after the item relating to section 1821 the following new item: 1822. Transfers for employment of individuals engaging in child sex acts. .
3.
Schools required to carry out background checks on all employees
The Elementary and Secondary Education Act of 1965 is amended as follows: (1)
Amendment to ESEA
Subpart 2 of part E of title IX is amended by adding at the end the following:
9537.
Background checks on all employees
A private or public elementary school, a private or public secondary school, a local educational agency, or State educational agency may receive funds under this Act for a fiscal year only if the school or agency has in effect a policy that ensures that every individual employed by the school or agency has undergone a fingerprint-based check of the national crime information databases (as described in subsection (b) of section 153 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16962)) and, where possible, a fingerprint-based check of State criminal history databases (as described in subsection (c) of such section).
. (2)
Table of contents
The table of contents at the beginning of such Act is amended by adding after the item relating to section 9536 the following new item: 9537. Background checks on all employees. .
4.
State Law
(a)
Amendment to ESEA
The Elementary and Secondary Education Act of 1965 is amended by inserting after section 9537 (as added by section 3), the following:
9538.
State Law
(a)
State law on reporting incidents of sexual conduct involving a minor
As a condition of receiving funds under this Act, a State shall have in effect and be enforcing a State law and State policy that, as determined by the Secretary, ensures the following: (1)Individuals employed at a school located in the State report to law enforcement officials any known or suspected incidents of sexual conduct involving a minor and an individual employed at the school or any other school in the State. (2)The State ensures that any individual who violates paragraph (1) by failing to report to law enforcement officials any such incidents is fined or otherwise penalized. (3)The State makes available in an interstate clearinghouse to schools, local educational agencies, and State educational agencies, the identity of any individual— (A)who was reported under paragraph (1) as being involved in an incident of sexual conduct with a minor; and (B)whose employment at a school in the State was terminated as a result of the incident. (4)The State creates safeguards to ensure that the information described in paragraph (3) is only made available to schools, local educational agencies, and State educational agencies, and not the general public. (b)
Regulations
The Secretary shall prescribe regulations on— (1)how a State shall carry out the requirements of subsection (a); and (2)how a State shall report to the schools in the State, the termination of the employment at a school of an individual described in subsection (a)(3). (c)
Definitions
For purposes of this section— (1)
Minor
The term minor means an individual who is under 18 years of age. (2)
School
The term school means an entity that— (A)is a public or private— (i)day or residential elementary school or secondary school; or (ii)early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and (B)receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. (3)
Sexual conduct
The term sexual conduct has the meaning given the term in section 1822 of title 18, United States Code.
. (b)
Table of contents
The table of contents at the beginning of such Act is amended by adding after the item relating to section 9537 the following new item: 9538. State law. .